DISPUTE OVER MORTGAGE.
JUDGE ENTERS NONSUIT.
ROTORUA BUILDER'S ESTATE
A nonsuit was entered by Mr. Justice Herdman in the Supreme Court yesterday in a mortgage dispute in which the Official Assignee, at Hamilton, sought the cancellation of a mortgage given by | a bankrupt Rotorua builder prior to his : bankruptcy to Messrs. Smith and Smith, j Ltd.. of ' Auckland, merchants I Mr. j Finlayl. The case was brought by the' Official Assignee, acting in the estate of j John YVrathall, of Rotorua, bankrupt (Mr. Ham],?on). ; After hearing argument by counsel in ; the ai'terii-.ir.ii. his Honor said :!;at. in a case of the kind the mortgage transaction must be fraudulent, and there i must be proof from which a definite inference could be drawn. He was not sure that Wratliall took the mortgage knowing that the other creditors would ! be prejudiced, nor had it been satisfactorily proved that Wrathall was: unable,to pay his creditors. i Mr4;2amp6on_ said .he would, accept -jtj ' Viionsurt. ~ The question ' of™. was' reserved.
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Auckland Star, Volume LXII, Issue 129, 3 June 1931, Page 9
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165DISPUTE OVER MORTGAGE. Auckland Star, Volume LXII, Issue 129, 3 June 1931, Page 9
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